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9 Nov 2011, 10:39 am
In Orin Kerr’s excellent recount of the oral arguments, he counted at least five references to George Orwell’s 1984. [read post]
9 Nov 2011, 9:37 am
At the Volokh Conspiracy, several commentators weighed in on the opinion, including Orin Kerr (here), Stuart Benjamin, Ilya Somin, and Randy Barnett. [read post]
9 Nov 2011, 7:26 am
The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is disagreement on the principles (esp Lord Wilson with Lord Kerr somewhere between); (c) the majority, in essence, follow Stack but, it might be said, with a slight change of emphasis or, more politely, with more explanation about inferring/imputing shares; (d) Lord Walker and Baroness Hale, who gave a joint judgment, engage… [read post]
9 Nov 2011, 7:26 am
The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is disagreement on the principles (esp Lord Wilson with Lord Kerr somewhere between); (c) the majority, in essence, follow Stack but, it might be said, with a slight change of emphasis or, more politely, with more explanation about inferring/imputing shares; (d) Lord Walker and Baroness Hale, who gave a joint judgment, engage… [read post]
9 Nov 2011, 5:46 am
Jones, the GPS Fourth Amendment Case by Orin Kerr: I was at the Supreme Court this morning for the oral argument in United States v. [read post]
9 Nov 2011, 2:51 am
Lord Kerr and Lord Wilson agreed with the result, but reached it by a different route.For those unfamiliar with the facts of the case, see here.Paragraph 51 of the lead judgment sets out the principles to be applied:"In summary, therefore, the following are the principles applicable in a case such as this, where a family home is bought in the joint names of a cohabiting couple who are both responsible for any mortgage, but without any express declaration of their beneficial… [read post]
9 Nov 2011, 2:11 am
.; Keisha Kerr, 19, of Postville, Ia.; and Kristin Easley, 19, of Preston, Minn. [read post]
8 Nov 2011, 11:14 pm
(Orin Kerr) The Justices of the Supreme Court will meet soon to offer preliminary votes in United States v. [read post]
8 Nov 2011, 6:13 pm
(Orin Kerr) Judge Kavanaugh wrote a separate opinion in the DC Circuit’s mandate case that many readers will overlook: It’s based on the tax code, and the opinion itself acknowledges that its analysis is dense and difficult. [read post]
8 Nov 2011, 5:33 pm
(Orin Kerr) Today was a beautiful fall day in Washington, DC, and after the Jones argument I shot this 10-second video of what it’s like on the front steps of the Supreme Court after a 10 am oral argument. [read post]
8 Nov 2011, 11:35 am
(Orin Kerr) I thought readers might be interested in the key passages from the DC Circuit’s majority opinion, authored by Judge Silberman, upholding the individual mandate under the Commerce Clause:The mandate, it should be recognized, is indeed somewhat novel, but so too, for all its elegance, is appellants’ argument. [read post]
8 Nov 2011, 11:32 am
The Court, consisting of Lords Clarke, Phillips, Mance, Kerr and Wilson, unanimously allowed the appeal of Rainy Sky, thereby overturning the decision in the Court of Appeal. [read post]
8 Nov 2011, 10:48 am
Orin Kerr of the Volokh Conspirary attended this morning's argument and has... [read post]
8 Nov 2011, 8:55 am
(Orin Kerr) I was at the Supreme Court this morning for the oral argument in United States v. [read post]
7 Nov 2011, 9:07 pm
[Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner] State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette] One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr] Tags: arbitration, California, criminals who sue, environment, FDA, harassment law, Ninth Circuit Related posts March 24 roundup (3) Update: Lodi… [read post]
7 Nov 2011, 3:03 pm
[Instapundit] * Professor Orin Kerr notes Professor Stephen Higginson’s swift movement onto the Fifth Circuit — in apparent violation of the rule in judicial nominations “that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials. [read post]
7 Nov 2011, 9:39 am
In the Privy Council Samuel Robie v The Queen (Jamaica) will be heard on Tuesday 8 November by Lords Kerr, Clarke and Wilson, Dame Heather Hallett and Dame Janet Smith. [read post]
7 Nov 2011, 7:50 am
(Orin Kerr) The rule of thumb in judicial nominations is that a circuit court nominee with Supreme-Court-level credentials will have a harder time getting confirmed than a nominee without those credentials. [read post]
7 Nov 2011, 6:43 am
Finally, at the Volokh Conspiracy, Orin Kerr posts a video of his recent panel on this case at William & Mary. [read post]
7 Nov 2011, 3:54 am
Jones, the Fourth Amendment GPS Case by Orin Kerr: A few weeks ago, I participated on a panel about United States v. [read post]
